Sheridan's (Brian) Application
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Neutral Citation | [2017] NIQB 16 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 03 February 2017 |
1
Neutral Citation: [2017] NIQB 16 Ref:
MAG10104
Judgment: approved by the Court for handing down Delivered:
03/02/2017
(subject to editorial corrections)*
IN THE HIGH COURT IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
2016 No. CV/16/05/01095
IN THE MATTER OF AN APPLICATION BY BRIAN SHERIDAN
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION BY THE POLICE OMBUDSMAN
FOR NORTHERN IRELAND DATED 22 FEBRUARY 2016
AND IN THE MATTER OF A CHALLENGE TO THE POLICY OF THE
CHIEF CONSTABLE OF NORTHERN IRELAND AS REGARDS APPROACHES
BY POLICE OFFICERS TO MEMBERS OF THE PUBLIC, IN WHICH OFFICERS
SEEK INTELLIGENCE FROM MEMBERS OF THE PUBLIC
_________
MAGUIRE J
Introduction
[1] The applicant in this application for leave to apply for judicial review is
Brian Sheridan (“the applicant”). There are two intended respondents: one is the
Police Ombudsman for Northern Ireland (“PO”) and the other is the Chief Constable
of the Police Service of Northern Ireland (“PSNI”). The applicant complains, in the
case of the former, about a decision of PO dated 22 February 2016. As regards the
latter, PSNI, the applicant seeks to make a challenge to what is alleged to be the
“policy of the Chief Constable … as regards approaches by police officers to
members of the public in which officers seek intelligence from members of the
public”.
[2] The factual background to the application is contained in an affidavit filed by
the applicant on 13 October 2016. In this affidavit he states, inter alia, that:
“2. In 2011, I was arrested by the police in South
Armagh when I was in a car being driven by one of my
friends. The police found rifles and handguns in the
car and alleged that my friends and I were going to
2
bury the weapons. I pleaded guilty and was sentenced
to imprisonment.
3. Since my release, I have sought to avoid
interactions with the police. As part of my
prosecution, press reports suggested that I was a
member of the Real IRA or another proscribed
organisation. I have always denied this. However, the
fact remains that I live in Armagh, an area where there
is paramilitary activity. This means that anyone who
has contact with the police is potentially at risk. I
strongly believe that those who are thought to be
“touts” are at serious risk of harm.
4. In February 2015, I went on holiday with my
partner to Oslo in Norway. One day, a number of men
approached me. One of the men introduced himself as
‘Fergie’. Another man indicated that they were police
officers and said that they wanted to speak to me. I
asked the men to leave me alone. I was scared and
confused. It seemed that they must have followed me
out of Ireland on holiday. This caused me particular
distress.
5. On 15 February 2015, the three men approached
me again outside the hotel at which I was staying with
my partner. Once again, the three officers asked to
speak to me. I asked the men to leave me alone once
again. The repeat approaches caused me particular
alarm and distress.
6. My partner and I came home to Armagh. I had
no further contact from the police until 22 October
2015 when I was driving up the Newry Road at 6.00
am. I noticed that there was a checkpoint on the road.
A police officer in full uniform indicated that I had to
pull my car over. When I stopped, he asked me for my
licence. After looking at my licence, the officer asked
me to pull over into the hard shoulder. I parked in the
hard shoulder near the checkpoint. The Newry Road
is a busy road and anyone who drove past would have
seen me. I am well known in the area and my friends,
neighbours and family would instantly have
recognised my car.
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